RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04121

XXXXXXXXXXXX	COUNSEL: NONE	

	HEARING: NOT INDICATED	

APPLICANT REQUESTS THAT:

His name on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 18 Aug 58, be changed. 

APPLICANT CONTENDS THAT:

When he was born, his mother changed his name within 10 days of his birth.  She filed the change with the Commonwealth of Virginia, Department of Health, and Bureau of Vital Statistics.  During his school years, he went by his legally changed name.  When he joined the Air Force, they requested a copy of his birth certificate and it came back with his original birth name crossed out.  In 1970, he attempted to correct his birth certificate and the Commonwealth of Virginia, Department of Health, and Bureau of Vital Statistics sent him two birth certificates, each with a different name.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

The applicant’s DD Form 214, dated 18 Aug 58, reflects his original birth name in Block 1.

The applicant provides a copy of his official birth certificate from the Commonwealth of Virginia, Department of Health, and Bureau of Vital Statistics, signed 29 Dec 34, which reflects his original birth name.

The applicant provides a copy of his official birth certificate from the Commonwealth of Virginia, Department of Health, and Bureau of Vital Statistics, signed 29 Dec 34, which reflects his legally changed name.

The applicant provides a copy of his DD Form 1173, Uniformed Services Identification and Privilege Card, issued on 18 Aug 58, which reflects his original birth name.

The applicant provides a copy of his Birth Registration Card, Commonwealth of Virginia, Department of Health, and Bureau of Vital Statistics, issued on 6 Jul 70, which reflects his legally changed name.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

SAF/MR memorandum, Guidance to the Air Force Board for Correction of Military Records, dated 9 Mar 15, states that while the Board generally has the authority to correct an applicant’s records to reflect a legal change in the applicant’s name, it should exercise discretion in doing so.  In the past, the Board has rarely corrected a record to reflect a name change when the record in question was accurate at the time it was produced.  The Board may choose to depart from this precedent when the facts or equities can be distinguished from past denials and the applicant demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.  The DD Form 214 is primarily created for the benefit of the veteran to establish entitlements to various government programs, or in seeking employment with organizations that grant veteran’s preferences.  A name change on the DD Form 214 may constitute an injustice when the veteran asserts that presenting a DD Form 214 that lists the old name effectively requires a needlessly intrusive explanation of personal history.  This type of injustice may arise in situations such as when the name change is transgender-related or associated with a divorce.  Therefore, correction of an applicant’s name on a DD Form 214 is a reasonable outcome only when the applicant clearly demonstrates that allowing the DD Form 214 to remain uncorrected would constitute an injustice.

A complete copy of the SAF/MR guidance is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the SAF/MR guidance to the applicant on 18 Sep 18 for comment (Exhibit E), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  The documentation provided by the applicant is not sufficient to support the applicant’s claim, not does it prove evidence of an error or injustice.  Air Force Instruction 36-2608, Military Personnel Records System, Table A7.3, states, “Do not correct records of former Airmen to show name changes occurring after discharge.” 

 For more information, see the advisory at Exhibit C.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Board sent a copy of the Air Force evaluation to the applicant on 6 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04121 in Executive Session on 8 Nov 18:

Panel Chair
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following: 

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 6 Dec 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Dec 17.
Exhibit E:	Name Change Letter, SAF/MR to applicant, dated 18 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2016-04121.